This panel provides an educational discussion of racial disparities in the Military Justice System and its impacts on mission effectiveness and readiness. The 1972 “Report of the DOD Task Force on the Administration of Military Justice in the Armed Forces” talked about the lack of minority officers as a factor contributing to ineffectiveness and diminished readiness. Notably, there was a recent investigation at Fort Hood, TX into racial discrimination and sexual harassment of minority service members. The results of that investigation are pertinent to this discussion.
The discussion includes a review of the 1972 DOD Task Force Report and other relevant publications. It highlights several seminal and historic cases relevant to this discussion on the disparity in military justice by commanders when determining the level of nonjudicial punishment or military justice action taken against a minority service member in comparison with a Caucasian service member.
Finally, the discussion includes recommendations and initiatives in each of the services towards correcting these disparities.
June 07, 2021 RAPID RESPONSE
Diversity, Equity and Inclusion in the Military: Racial Disparity in the Services
Panelists
- Colonel Will Gunn (ret.), Principal, W. Gunn Consulting Services
- Rachel E. VanLandingham, Professor of Law, Southwestern Law School
- Colonel Christopher Shaw, Staff Judge Advocate, Marine Corps Combat Development Command, United States Marine Corps
Moderator
- Patricia Harris, Member, ABA Standing Committee on Armed Forces Law
Joint Sponsor: ABA Standing Committee on Armed Forces Law
Co-Sponsor: ABA Coalition on Racial and Ethnic Justice, ABA Commission on Hispanic Legal Rights & Responsibilities, ABA Commission on Sexual Orientation and Gender Identity, ABA Council for Diversity in the Educational Pipeline
Resources
Transcript: Diversity, Equity and Inclusion in the Military: Racial Disparity in the Services
Presentation: Colonel Christopher Shaw
New from ABA Book Publishing
Military Discharge Upgrade Legal Practice Manual
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Report of Inquiry (S8918P) Independent Racial Disparity Review (December 2020)
One Tribe Requires Inclusion: The Commandant's Directive to talk creates opportunity
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